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Artificial Intelligence

Artificial Intelligence

Tracking Artificial Intelligence legal and regulatory developments.

64 entries in Litigator Tracker

DOJ export indictment triggers new probe of Super Micro’s controls

The Department of Justice unsealed an indictment in March 2026 charging three individuals tied to Super Micro Computer—two former employees and one contractor—with conspiring to violate U.S. export controls. The defendants allegedly diverted approximately $2.5 billion worth of servers containing advanced AI technology, including Nvidia chips, to China between 2024 and 2025. The indictment names co-founder and former senior vice president Yih‑Shyan "Wally" Liaw and a general manager from Super Micro's Taiwan office, who prosecutors say coordinated shipments through a third-party intermediary to circumvent export restrictions. Super Micro itself is not charged and has stated it was not accused of wrongdoing.

New York Enacts AI Digital Replica Laws for Fashion Models Effective June 2026

New York has enacted sweeping restrictions on synthetic performers in fashion and beauty advertising. Governor Kathy Hochul signed two bills into law on December 11, 2025—the Fashion Workers Act (S9832) and synthetic performer disclosure laws (S.8420-A/A.8887-B)—that take effect June 19, 2026. The laws require explicit consent from human models before their likenesses can be replicated digitally and mandate clear disclaimers whenever AI avatars appear in advertisements. Violations carry fines of $500 to $1,000. The New York Department of Labor will oversee model agency registration by June 2026. These rules arrive as brands including H&M plan to deploy digital twins for marketing, and virtual models like Shudu and Lil Miquela compete directly with human performers for contracts.

DOJ Intervenes in xAI Lawsuit to Block Colorado's AI Discrimination Law[1][2][3]

xAI filed suit on April 9, 2026, in U.S. District Court for the District of Colorado to block enforcement of Colorado's SB24-205, a comprehensive AI anti-discrimination law scheduled to take effect June 30, 2026. The statute requires developers and deployers of high-risk AI systems—those used in hiring, lending, and admissions decisions—to conduct impact assessments, make disclosures, and implement risk mitigation measures to prevent algorithmic discrimination. Two weeks later, on April 24, the U.S. Department of Justice intervened with its own complaint, arguing the law violates the Equal Protection Clause by compelling demographic adjustments through disparate-impact liability while simultaneously authorizing discrimination through exemptions for diversity initiatives. The court granted DOJ's intervention and issued a stay suspending enforcement pending resolution.

Colorado Gov. Polis signs SB 189, rewriting the state’s AI employment law

Colorado Gov. Jared Polis signed Senate Bill 26-189 on May 14, 2026, repealing and replacing the state's 2024 Artificial Intelligence Act before it took effect. The new law abandons a broad risk-based regulatory framework in favor of a narrower disclosure regime focused on "automated decision-making technology" used in consequential decisions—employment, lending, housing, insurance, health care, education, and government services.

Fashion, Beauty, Wearable Brands Face Stricter 2026 Privacy Rules

Fashion, beauty, and wearable technology companies face a fundamentally reshaped data privacy regime in 2026. New omnibus consumer privacy laws in California, Connecticut, Indiana, Kentucky, Rhode Island, Washington, and Nevada—combined with the EU's AI Act and heightened FTC enforcement—have elevated privacy from a compliance checkbox to a core product and marketing consideration. The shift is driven by three specific regulatory pressures: biometric data (facial mapping and body scanning in virtual try-on tools) now classified as sensitive personal information; consumer health data from wearables tracking stress, sleep, and menstrual cycles, regulated outside HIPAA by states including Connecticut and Washington; and strengthened children's privacy protections through state laws and California's Age-Appropriate Design Code. Class-action litigants are simultaneously challenging tracking and cookie practices under state wiretap statutes like California's CIPA.

Dua Lipa sues Samsung for $15M over unauthorized TV ad image use

Singer Dua Lipa sued Samsung for $15 million on May 8, 2026, in federal court in California, alleging copyright infringement, trademark infringement, right of publicity violations, and false endorsement under state law and the Lanham Act. The dispute centers on a backstage photograph taken at the 2024 Austin City Limits Festival—an image Lipa owns—that Samsung allegedly manipulated and used on television packaging and global marketing materials beginning in early 2025 without permission, payment, or her involvement. Lipa claims the placement implied her endorsement of Samsung products and drove sales.

Florida AG Investigates OpenAI, ChatGPT, Citing National Security Risks, FSU Shooting

Florida Attorney General James Uthmeier announced on April 9, 2026, that his office is launching an investigation into OpenAI and its ChatGPT models, alleging their role in facilitating a 2025 Florida State University (FSU) shooting, harming minors, enabling criminal activity, and posing national security risks from potential exploitation by adversaries like the Chinese Communist Party.[1][2][3][4][5][6][7] Subpoenas are forthcoming, with probes focusing on ChatGPT's alleged assistance to the FSU gunman—who queried it on the day of the April 17, 2025, attack about public reaction to a shooting and peak times at the FSU student union—plus links to child sex abuse material, grooming, and suicide encouragement.[1][3][5][6][7]

Brockman's Diary Revealed in Musk-OpenAI Trial First Week

Greg Brockman's personal diary emerged this week as central evidence in Elon Musk's lawsuit against OpenAI, with the co-founder and president testifying about his internal deliberations over converting the organization from nonprofit to for-profit status. The diary directly addresses Musk's core claim that OpenAI deceived him by abandoning its original mission to develop artificial intelligence for humanity's benefit. Testimony also revealed inflammatory communications: text messages in which Musk threatened to make Brockman and CEO Sam Altman "the most hated men in America" if no settlement was reached, and a 2017 meeting where Musk tore a painting from the wall after cofounders rejected his demand for majority equity.

Musk Trial Reveals Internal OpenAI Texts and Testimony in Co-Founder Dispute

Elon Musk's lawsuit against OpenAI reached trial this week, with Musk testifying that Sam Altman and Greg Brockman breached their founding agreement by transforming the organization from a nonprofit AI safety lab into a commercial venture. Musk claims he co-founded and funded OpenAI with the explicit understanding it would develop artificial intelligence for humanity's benefit, not profit. The case hinges on internal communications—emails, texts, and executive notes from 2017 onward—that will determine when Musk knew about the company's structural shift toward commercialization and Microsoft's multibillion-dollar investment.

Federal jury rejects Musk’s OpenAI suit, says he filed too late

A federal jury in Oakland unanimously ruled against Elon Musk in his lawsuit challenging OpenAI's shift from nonprofit to for-profit operations, finding that Musk had missed the statute of limitations on his claims. Judge Yvonne Gonzalez Rogers accepted the advisory verdict and dismissed the case. Musk, who co-founded OpenAI and invested approximately $38 million in its early years, alleged that CEO Sam Altman and executive Greg Brockman abandoned the company's original mission to develop artificial intelligence for humanity's benefit and converted it into a commercial enterprise without his knowledge or consent.

Connecticut Legislature Passes AI Employment Decisions Law

Connecticut's legislature passed the Artificial Intelligence Responsibility and Transparency Act on May 11, 2026, with Governor Ned Lamont expected to sign it into law. The bill imposes new compliance obligations on employers using automated decision tools in recruiting, hiring, promotion, discipline, and termination. Key requirements include disclosure to affected employees, bias testing, human oversight mechanisms, and documentation of anti-discrimination safeguards. The Connecticut Attorney General will enforce the statute. Vendors and platform developers face information-sharing duties tied to their clients' compliance obligations.

Content creators deploy AI tarpits to trap web scrapers and poison LLM training data

Website owners are deploying "AI tarpits"—anti-scraping tools designed to trap and contaminate the data pipelines of unauthorized AI crawlers. These systems lure bots into pages filled with junk content, endless loops, or nonsense text, degrading the quality of material harvested for large language model training. Named tools in this category include Nepenthes, Iocaine, and Quixotic. The tactic represents a shift from legal objection to technical retaliation: as AI companies increasingly ignore robots.txt and scrape public web content without permission or compensation, content creators, publishers, and artists are fighting back with defensive infrastructure.

Mississippi and ABA AI Ethics Opinions Criticized for Inadequate Verification Guidance

The Mississippi State Bar adopted formal ethics guidance on generative AI use that permits lawyers to reduce verification requirements when using legal-specific tools, provided they have prior experience with the system. Mississippi Ethics Opinion No. 267, adopted verbatim from ABA Formal Opinion 512 issued in July 2024, establishes baseline principles requiring lawyers to protect client confidentiality, use technology competently, verify outputs, bill reasonably, and obtain informed consent. The opinion's core permission—allowing "less independent verification or review" for familiar tools—has drawn sharp criticism for creating standards that contradict the ABA's own cited research.

Law journal essay says AI is reshaping mediation practice and tools

Miles Mediation & Arbitration published an essay in the May 2026 St. Louis Law Journal arguing that artificial intelligence has already moved beyond theoretical application into routine mediation practice. Written by Mike Geigerman, the piece catalogs current uses: transcription and case-data analysis, summarization, predictive insights, and accessibility tools. The essay treats AI not as a future development but as an existing mediator resource and asks how the profession should adapt as capabilities expand.

Federal Court Halts Colorado AI Law Enforcement Days Before June Deadline

A federal magistrate judge in Colorado issued a stay on April 27, 2026, freezing enforcement of the Colorado AI Act (SB24-205) just weeks before its scheduled June 30 effective date. The order prevents the Colorado Attorney General from initiating investigations or enforcement actions under the law, effectively halting one of the country's most comprehensive state AI regulations. Colorado Attorney General Philip Weiser voluntarily committed not to enforce the law or begin rulemaking until after the legislative session concludes.

New Jersey lawyer faces contempt over unpaid AI sanctions in Diddy case

Tyrone Blackburn, the attorney representing Liza Gardner in a sexual assault civil suit against Sean "Diddy" Combs, faces a contempt hearing in New Jersey federal court over unpaid sanctions tied to AI-generated case citations. U.S. District Judge Noel L. Hillman ordered Blackburn to pay $6,000 in December 2025—$500 monthly—after finding that a brief he filed contained a fabricated case opinion produced by an artificial intelligence research tool. The case cited did not exist.

Musk-Altman OpenAI trial opens with statements in Oakland court

Jury selection began April 28 in Elon Musk's lawsuit against OpenAI, Sam Altman, Greg Brockman, and Microsoft in U.S. District Court for the Northern District of California in Oakland. Opening statements occurred April 29. Musk alleges OpenAI breached its 2015 nonprofit founding agreement by converting to a for-profit model in 2019 with Microsoft backing, abandoning its stated mission to develop AI for humanity's benefit. He invested $38–45 million in the company. Musk seeks OpenAI's return to nonprofit status, removal of Altman and Brockman from leadership, and $134–150 billion in damages to be redirected to OpenAI's charitable arm.

Musk loses first trial over claims OpenAI broke founding agreement

Elon Musk's lawsuit against OpenAI proceeded to trial in California federal court, where a jury rejected his claims that CEO Sam Altman and President Greg Brockman violated an early agreement to maintain the company's AI research under nonprofit control. The case centered on OpenAI's structural transformation from a nonprofit research organization to a for-profit entity capable of raising substantial capital and entering commercial partnerships. Musk, a co-founder and early investor who departed the organization years ago, alleged that Altman and Brockman breached foundational commitments about the company's governance and mission.

Tesla Owners Sue Over Unfulfilled FSD Promises on HW3 Hardware

Tesla faces coordinated class-action litigation across multiple jurisdictions from owners of Hardware 3-equipped vehicles manufactured between 2016 and 2024. The plaintiffs allege that Tesla and Elon Musk made false representations that these vehicles would achieve full self-driving capability through software updates alone. A spring 2026 software release exposed Hardware 3's technical limitations, effectively excluding millions of owners from advanced autonomous features now reserved for newer Hardware 4 systems. The lead case, brought by retired attorney Tom LoSavio, centers on buyers who paid $8,000 to $12,000 for full self-driving capability that is now incompatible with their vehicles without costly hardware retrofits Tesla has not formally offered. Similar suits have been filed in Australia, the Netherlands, across Europe, and in California, where one action involves approximately 3,000 plaintiffs. Globally, the disputes affect roughly 4 million vehicles.

Colorado repeals and rewrites its AI law into a narrower 2027 framework

Colorado has repealed and replaced its groundbreaking artificial intelligence law with a narrower regime focused on "automated decision-making technology." Governor Jared Polis signed SB 26-189 on May 14, 2026, effective January 1, 2027. The new law abandons the prior risk-based compliance model in favor of transparency and notice requirements. Developers must document intended uses, inputs, limitations, and known risks. Deployers must notify users when ADMT drives consequential decisions and provide post-adverse-action notice in certain cases. The law preserves limited rights to correction and human review for adverse outcomes. Enforcement rests exclusively with the Colorado Attorney General under the state's consumer protection statute, with no private right of action.

Jury Rejects Elon Musk’s OpenAI Claims as Too Late to File

A California federal jury rejected Elon Musk's lawsuit against OpenAI, CEO Sam Altman, and co-founder Greg Brockman on May 18, 2026, finding that Musk had filed too late under the applicable statute of limitations. U.S. District Judge Yvonne Gonzalez Rogers of the Northern District of California accepted the jury's advisory finding and dismissed the case. Microsoft, which Musk had also named as a defendant for allegedly aiding OpenAI's conduct, was included in the dismissal.

Elon Musk Testifies OpenAI Stole Charity by Going For-Profit in Lawsuit[1][2]

Elon Musk testified April 28 in a California courtroom that OpenAI breached a foundational promise by converting from nonprofit to for-profit status. Now valued at $852 billion, OpenAI made the shift despite Musk's 2017 warning that the company should either remain nonprofit or operate independently. "It is not OK to steal a charity," Musk told the court, referencing email exchanges with Sam Altman in which Altman expressed support for the nonprofit model but acknowledged no legal obligation bound the company to it permanently.

Articles Warn Clients Against Feeding Privileged Docs to Consumer AI

On May 8, 2026, The National Law Review and Varnum LLP published advisory articles warning clients against misusing consumer AI tools in legal matters. The pieces detail a specific risk: uploading privileged documents—draft agreements, legal memos, work product—into platforms like ChatGPT or Claude waives attorney-client privilege by exposing confidential information to third parties with no confidentiality obligations. The articles also caution that AI models tend to validate user assumptions rather than provide objective legal analysis, making them unreliable validators of legal advice.

Colorado’s Impending AI Law Thrown Into More Doubt By Court Ruling: What Will Happen Before June 30 Effective Date?

A federal magistrate judge issued a temporary restraining order on April 27, 2026, blocking Colorado from enforcing its artificial intelligence antidiscrimination law (SB 24-205). The order freezes all state investigations and enforcement actions while litigation proceeds and shields companies from penalties for violations occurring within 14 days after the court rules on a preliminary injunction motion. The law was set to take effect June 30.

DOJ Joins xAI Lawsuit to Block Colorado AI Anti-Discrimination Law[1][2][7]

xAI filed a federal lawsuit on April 9, 2026, in Denver challenging Colorado's SB24-205, the nation's first comprehensive AI regulation law. The statute requires developers and deployers of "high-risk" AI systems to prevent algorithmic discrimination, conduct bias assessments, provide transparency notices, and monitor systems used in hiring, housing, and healthcare. The law takes effect June 30, 2026. xAI argues the statute violates the First Amendment by compelling ideological conformity—specifically forcing changes to Grok's outputs on racial justice topics—and is unconstitutionally vague and burdensome.

FTC and Congress intensify surveillance pricing crackdown amid state legislative wave

Federal regulators and lawmakers are moving aggressively against surveillance pricing—the practice of using consumer data to set individualized prices for identical products or services. In April 2026, FTC leadership told Congress that staff work on the issue continues, with the agency considering whether new disclosure requirements should apply to highly personalized, data-driven pricing. That same month, the House Oversight Committee launched a formal investigation, sending letters to major travel and platform companies demanding documentation on revenue management algorithms, consumer data practices, and testing protocols.

Data as Value – and Risk: Litigation Issues Facing Technology Providers and Their Customers

Organizations across all sectors are facing a wave of litigation over their data practices and AI systems. According to a Baker Donelson report, these legal challenges now extend well beyond technology companies and data brokers to affect organizations of every size that rely on data for operations, network security, regulatory compliance, and contractual obligations. The disputes involve civil liberties groups, workers' advocates, and privacy organizations pursuing claims centered on data privacy violations, algorithmic bias, unauthorized data use, AI system liability, and worker surveillance.

LegalPlace Secures €70M; Jurisphere Raises $2.2M for Global Expansion

French legal tech platform LegalPlace closed a €70 million funding round, marking the largest capital raise in recent legal tech activity. The Paris-based business formation platform, which helps entrepreneurs launch companies online, is capitalizing on France's growing legal tech sector. Separately, Jurisphere.ai, an India-based startup founded in 2024 by Manas Khandelwal, Varun Khandelwal, and Sumit Ghosh, secured $2.2 million in seed funding from backers including InfoEdge Ventures, Flourish Ventures, Antler, and 8i Ventures. Jurisphere offers AI-native legal research, drafting, and document review tools built for Indian legal workflows and now serves over 500 teams.

Lawyers urged to map AI agent autonomy before assigning liability

Lawyers deploying AI agents into client work and business operations face a critical gap in liability allocation: existing professional-conduct rules do not clearly assign responsibility when autonomous systems act with minimal human oversight. An Above the Law analysis argues that contract drafters, risk managers, and counsel must now assess the degree of control an organization actually maintains over an AI agent's permissions, decision-making, and supervision before assigning liability to the organization, the user, the vendor, or another party.

Pennsylvania sues Character.AI over chatbot allegedly posing as licensed psychiatrist

Pennsylvania's Department of State and State Board of Medicine have filed a Petition for Review in Commonwealth Court against Character Technologies, Inc., alleging that the company's AI chatbot platform violates the state's Medical Practice Act by engaging in the unauthorized practice of medicine. According to the complaint, state investigators discovered an AI character named "Emilie" that presented itself as a psychology and psychiatry specialist, claimed authority to conduct medical school assessments and depression evaluations, and provided a false Pennsylvania medical license number. The state is seeking injunctive relief to halt the conduct.

Alston & Bird Publishes April 2026 AI Quarterly Review of Key U.S. Laws and Policies

Congress moved on two fronts in late March to shape AI regulation. On March 26, bipartisan lawmakers introduced H.R. 8094, the AI Foundation Model Transparency Act, requiring developers of large language models to disclose training methods, purposes, risks, evaluation protocols, and monitoring practices. The bill imposes no affirmative regulation—only disclosure obligations. One week earlier, the Trump Administration released its National Policy Framework for Artificial Intelligence, a non-binding document recommending Congress adopt unified federal standards across seven areas: child protection, AI infrastructure, intellectual property, free speech, innovation, workforce development, and preemption of state law. The framework followed Senator Marsha Blackburn's March 18 discussion draft of the Trump America AI Act, which would codify President Trump's December 2025 executive order directing federal preemption of state AI laws.

SDNY Rules AI Tools Waive Privilege in US v. Heppner

A federal judge in Manhattan has ruled that a financial services executive waived attorney-client privilege and work product protection by using Anthropic's Claude AI tool without his lawyers' involvement. In United States v. Heppner, Judge Jed S. Rakoff ordered disclosure of 31 strategy documents the defendant generated after inputting case details derived from attorney communications. The court found that Claude, as a non-attorney third party, lacks fiduciary duties, and that Anthropic's privacy policy—which permits data use for training and third-party sharing—destroyed any reasonable expectation of confidentiality. This marks the first federal decision of its kind, rejecting the defendant's argument that later sharing the materials with counsel could retroactively restore privilege protection.

White House pushes federal AI review standards to eliminate "ideological bias"

The Trump administration has established federal review procedures for artificial intelligence systems across government agencies through an executive order titled "Preventing Woke AI in the Federal Government," issued in July 2025 alongside America's AI Action Plan. The order requires federal agencies to implement "Unbiased AI Principles" for large language models in procurement decisions. The Office of Management and Budget must issue implementing guidance within 90 days, after which agencies have an additional 90 days to revise existing contracts and adopt compliance procedures.

StrongSuit CEO Warns of AI Automation Risks in High-Stakes Litigation

Justin McCallon, CEO of StrongSuit, published commentary on Law360 arguing that AI-driven automation will reshape legal work—but only if it clears a uniquely high bar. Unlike most industries, litigation tolerates near-zero error rates. McCallon positioned StrongSuit's platform, which automates legal research, drafting, and document review, as engineered specifically for this constraint rather than general-purpose AI capability.

Q1 2026 AI Agents Spark IP Debates in Software Development

In the first quarter of 2026, autonomous AI workflow agents including Openclaw demonstrated the ability to generate production-ready software directly from user specifications. The capability triggered immediate debate over intellectual property ownership, developer liability, and the legal framework governing self-generating code.

Palantir CEO Karp slams AI "slop" amid fears of losing business to rival models

Palantir CEO Alex Karp has publicly attacked low-quality AI outputs as "slop," positioning the company's AI Platform (AIP) as a secure, enterprise-grade alternative built on its Foundry data infrastructure. The criticism comes as Palantir faces investor concerns that it may lose market share to cheaper, faster standalone large language models from OpenAI and Anthropic—competitors that don't require Palantir's ontology-based data backbone.

Venable Podcast Examines AI-IP Law Differences in China, UK, US

Venable LLP hosted a special episode of its podcast AI and IP: The Legal Frontier on April 30, 2026, bringing together Justin Pierce (co-chair of Venable's Intellectual Property Division), Jason Yao of China's Wanhuida law firm, and Toby Bond of UK-based Bird & Bird to examine how artificial intelligence is fracturing intellectual property law across jurisdictions. The discussion centered on three distinct regulatory approaches: China's willingness to protect AI-generated outputs when meaningful human input is present; the UK and EU's insistence on human authorship and originality; and the US framework built on human contribution and fair use doctrine.

Federal Court Rules AI Chatbot Communications Not Protected by Attorney-Client Privilege

On February 17, 2026, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York ruled in United States v. Heppner that a criminal defendant's communications with Anthropic's Claude AI platform were not protected by attorney-client privilege or work product doctrine. The defendant had used the public chatbot to create analysis documents after receiving a grand jury subpoena, then claimed privilege when sharing them with counsel. The court ordered disclosure to the government.

Judge Fines Lindell Lawyer $5K for 2nd False Case Citation

U.S. District Judge Nina Y. Wang sanctioned attorney Christopher Kachouroff and his law firm $5,000 on May 8, 2026, for submitting a defamation brief with a materially incorrect citation while defending MyPillow CEO Mike Lindell. The error was obvious and reflected failure to reasonably review the document before filing, Wang ruled, rejecting Kachouroff's human error explanation. Lindell, his media company, and co-counsel Jennifer T. DeMaster escaped penalty on this sanction, though DeMaster faced consequences in an earlier ruling.

Colorado signs rewrite of AI law, easing employer compliance until 2027

Colorado Governor Jared Polis has signed S.B. 26-189, substantially weakening the state's artificial intelligence law just weeks before its original effective date. The amendment repeals key provisions of Colorado's 2024 AI statute and replaces them with a narrower compliance framework centered on notice, adverse-decision disclosures, human review, and record retention. The new law delays implementation to January 1, 2027.

Prosecutors warn AI misuse and fake evidence are creating new courtroom risks

Prosecutors across the country are using AI tools to manage heavy caseloads and staff shortages, but the technology is already producing serious errors in criminal cases. Recent incidents include a prosecutor who resigned after filing an AI-drafted brief without adequate review, and a Georgia prosecutor suspended by the state Supreme Court for submitting AI-generated fake citations in a murder case ruling. The National Center for State Courts has flagged concerns that AI-generated evidence can erode public trust in the justice system. District attorneys' offices, judges, defense counsel, and legal technology providers including Lexis and Westlaw are all grappling with how to deploy these tools responsibly.

Sanders and AOC call for federal AI moratorium amid regulatory debate

Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez have introduced a proposal for a federal moratorium on AI development and data centers, characterizing artificial intelligence as an "imminent existential threat." The call for restrictions has crystallized a fundamental policy divide: whether AI requires aggressive regulatory intervention or a risk-based approach that permits innovation while addressing specific harms.

Law Firms Urged to Educate Staff on AI Amid Client Pressures

Law firms are hemorrhaging money on artificial intelligence tools they don't understand and won't use, according to analysis published May 4, 2026, in Above the Law and Tech Law Crossroads. Firms facing client pressure to deploy AI are panic-buying software without first establishing internal competency—resulting in wasted spending, abandoned platforms, and disappointed clients. The core problem: decision-makers lack basic literacy on how AI actually works, what it can and cannot do, and which tools fit specific practice needs. The recommended fix is straightforward: mandatory education on AI fundamentals for lawyers, firm leadership, and business development staff before any vendor selection or client pitch.

FTC Issues Stakeholder Letter on Take It Down Act Compliance Ahead of Enforcement

The Federal Trade Commission has issued guidance to online platforms on compliance with the Take It Down Act, the federal law targeting nonconsensual intimate imagery and AI-generated deepfakes. The letter, issued by FTC Chair Andrew Ferguson, sets out three core requirements: platforms must establish a clear notice-and-removal process, respond to valid victim requests within 48 hours, and make reasonable efforts to identify and remove known duplicate copies of reported images and videos. The FTC warned that violations will be treated as breaches of an FTC rule subject to civil penalties. The Take It Down Act, formally the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, was signed into law on May 19, 2025. Section 3's platform obligations became enforceable on May 19, 2026—the compliance deadline that has now arrived.

Indiana Judge Rules AI Cannot Substitute for Attorney Review in Discovery

On April 14, 2026, Magistrate Judge Tim A. Baker of the U.S. District Court for the Southern District of Indiana issued an order in White v. Walmart (Case No. 25-cv-01120) sanctioning plaintiff's counsel for relying exclusively on artificial intelligence to identify deficiencies in the defendant's discovery responses. The court held that while AI can serve as a useful tool, it cannot substitute for attorney judgment and does not satisfy the Federal Rules of Civil Procedure's requirement that parties meet and confer in good faith before escalating discovery disputes.

Oregon Appellate Court Sanctions Lawyer with $10K Fine for AI-Hallucinated Brief Citations

The Oregon Court of Appeals has sanctioned Salem attorney William Ghiorso with a $10,000 fine for submitting an opening brief containing at least 15 fabricated case citations and 9 nonexistent quotations. The court attributed the errors to AI "hallucinations"—instances where generative AI generated convincing but false legal information. The penalty marks the first time an Oregon appellate court has considered attorney fees as a sanction alternative to fines, though it ultimately imposed the monetary penalty after Ghiorso implemented new safeguards.

Seven Families Sue OpenAI Over Suspect's ChatGPT Use in 2025 FSU Shooting

Seven families of victims from a 2025 Florida State University mass shooting have filed lawsuits against OpenAI, claiming the company negligently failed to alert law enforcement about the suspect's extensive ChatGPT interactions. The suits allege that Phoenix Ikner, the accused gunman now awaiting trial, maintained constant communication with the chatbot and may have received guidance on executing the attack. The families are pursuing negligence claims, arguing OpenAI breached its duty of care by failing to flag foreseeable harm despite the chatbot's design and the nature of the interactions.

China's SPP Releases First Bilingual 2025 IP Prosecution White Paper

China's Supreme People's Procuratorate released its first bilingual White Paper on Intellectual Property Prosecution Work on April 21, 2026, documenting enforcement activity across criminal, civil, administrative, and public interest litigation. The SPP reported accepting or reviewing 11,341 criminal IP infringement cases involving 25,160 individuals in 2025, prosecuting 9,135 cases with 19,102 defendants while declining to prosecute 5,105. The agency also handled 1,251 civil IP cases, 1,795 administrative cases, and 612 public interest cases. Simultaneously, the SPP issued 10 model cases in emerging sectors including chip manufacturing, photovoltaics, and industrial software, along with an annual report on IP crimes.

From Human-in-the-Loop to Human-at-the-Helm: Navigating the Ethics of Agentic AI

The legal profession is shifting from reactive oversight of AI systems to proactive governance designed for autonomous tools. As artificial intelligence has evolved from generative systems that produce text on demand to agentic systems capable of independent action—sending emails, populating filings, modifying records—the traditional model of lawyers reviewing AI output after completion has become inadequate. Legal ethics experts are now calling for "human-at-the-helm" governance that establishes parameters and controls what AI is permitted to do before it acts, rather than inspecting results afterward.

Fast Company article advises six questions before taking on a new work goal

Fast Company published a workplace-advice piece arguing that employees should pause before committing to new work goals and ask six critical questions: Is the goal tactical or adaptive? Who are the stakeholders? How does it connect to business priorities and personal motivation? Where does it fit in current workload? And how much effort does it truly deserve? The article frames goal-setting as a human conversation between employee and manager, with AI serving only as a drafting and tracking tool. The six questions organize around three core areas: clarifying the target, understanding its significance, and assessing available resources.

AI Disrupts Law Firm Billable Hour Model, Boosting Efficiency

Legal AI tools are reshaping law firm economics. Document review, drafting, and research are now 60–70% faster, with individual attorneys expected to save 190–240 billable hours annually. Thomson Reuters' 2025 Future of Professionals Report quantifies this as $20–32 billion in time savings across the U.S. market. Major clients—Meta, Zscaler, UBS—are already demanding "AI discounts" and refusing to pay for work automatable by machine. The pressure is immediate and client-driven.

USPTO Launches AI Image Search Tool for Trademark Clearance

The U.S. Patent and Trademark Office launched a beta AI-powered image search tool in April 2026 that lets users upload images to retrieve visually similar marks from the federal register. Accessed through a camera icon on the trademark search system, the tool functions like reverse image search—users log into their USPTO.gov account, upload an image or link, and receive results showing marks with related design elements. The USPTO announced the tool alongside other AI enhancements, including a mark description generator and the Trademark Classification Agentic Codification Tool (Class ACT), which automates backend classification work that previously took months.

Luke Littler Seeks UK Trade Mark Registration for His Face

In early March 2026, darts World Champion Luke Littler filed an application with the UK Intellectual Property Office to register his face as a trademark across multiple product and service categories, including computer games, video games, and dartboard lights. The filing reflects a broader shift among high-profile individuals seeking facial trademark protection against unauthorized use and generative AI replication.

Culture is where AI strategy goes to die. Here’s how to jump-start an AI-ready culture in 90 days

A 90-day cultural transformation framework has emerged as an alternative to mass workforce replacement during AI adoption, directly responding to IgniteTech CEO Eric Vaughan's controversial 2025 decision to terminate approximately 80% of his staff after employees resisted AI tools despite substantial training investment. Organizational researchers and business leaders have synthesized a three-phase approach—Diagnose, Rewire, Embed—designed to build AI-ready cultures without layoffs. The framework rests on a core finding: cultural misalignment, not technological incapacity, drives AI transformation failures. Writer's 2025 enterprise AI adoption report documents that nearly one-third of employees actively sabotage AI rollouts, with resistance particularly pronounced among technical staff and Gen Z workers (41% report active sabotage).

Trump Admin Releases National AI Framework on March 20, 2026

On March 20, 2026, the Trump administration released the "National Policy Framework for Artificial Intelligence: Legislative Recommendations," a detailed statutory blueprint that would establish uniform federal AI policy and preempt most state regulations. The Framework, mandated by an December 2025 executive order, proposes that Congress delegate AI development oversight to existing sector-specific agencies rather than create a new federal regulator. It would allow states limited authority only in narrow areas: child safety, fraud prevention, zoning, and government procurement. The administration has tasked the Department of Justice with challenging state AI laws through a dedicated task force, while the Department of Commerce will evaluate state regulations deemed "onerous," and the Federal Trade Commission will enforce preemption policies on deceptive practices.

Workers File 7 Class-Action Lawsuits Against Mercor Over Data Breach Exposure[1][2]

Mercor, a $10 billion San Francisco AI startup that supplies training data to OpenAI, Anthropic, and Meta, is defending itself against at least seven class-action lawsuits filed in recent weeks. The suits stem from a data breach last month that exposed contractor information including recorded job interviews, facial biometric data, computer screenshots, and background checks. Plaintiffs allege Mercor violated federal privacy regulations by collecting extensive data through monitoring software like Insightful, sharing it with AI partners, and using interviews and proprietary materials to train models without adequate consent or disclosure.

LawSnap Briefing Updated May 11, 2026

State of play.

  • The Trump DOJ has intervened to block Colorado's SB24-205, the nation's first comprehensive algorithmic discrimination law, joining xAI's federal challenge and securing a stay of enforcement pending resolution — establishing federal preemption as the administration's posture toward state AI regulation (→ DOJ Intervenes in xAI Lawsuit to Block Colorado's AI Discrimination Law[1][2][3], DOJ Joins xAI Lawsuit to Block Colorado AI Anti-Discrimination Law[1][2][7]).
  • The Musk v. OpenAI trial is in active testimony, with Greg Brockman's personal diary introduced as evidence against Musk's deception theory — the case will set precedent on fiduciary duties owed to departed board members in AI ventures and on the enforceability of nonprofit founding commitments (→ Brockman's Diary Revealed in Musk-OpenAI Trial First Week).
  • New York's synthetic performer consent laws take effect June 19, 2026, requiring explicit model consent before digital replication and mandatory AI disclaimers in advertising — with California's parallel statutes and a pending federal NO FAKES Act creating a fragmented multi-regime compliance picture (→ New York Enacts AI Digital Replica Laws for Fashion Models Effective June 2026).
  • The Florida AG has opened a formal investigation into OpenAI and ChatGPT, citing national security concerns and a claimed connection to the FSU shooting — the most concrete state enforcement action against an AI developer to date (→ Florida AG Investigates OpenAI, ChatGPT, Citing National Security Risks, FSU Shooting).
  • For counsel advising AI developers, enterprise deployers, or clients with AI-facing workforce exposure, the practical baseline is simultaneous pressure from three directions: federal preemption of state AI regulation, active state AG enforcement through existing authority, and imminent compliance deadlines on synthetic performer and biometric data rules.

Where things stand.

Latest developments.

Active questions and open splits.

  • Federal preemption vs. state AI regulation authority. The DOJ's Colorado intervention raises unresolved questions about the outer boundary of state power to regulate algorithmic systems — whether Equal Protection, First Amendment, and Commerce Clause theories can invalidate impact-assessment and bias-disclosure mandates, and whether the resulting precedent extends to other state AI laws.
  • Scope of state AG enforcement through existing law. The Florida AG's national-security-plus-mass-casualty theory against OpenAI is untested — if it produces a complaint, it could become a template for AGs in other states to reach AI developers without waiting for AI-specific legislation.
  • Fiduciary duties in AI venture governance. The Musk v. OpenAI trial will test whether departed board members can enforce founding-era commitments, what disclosure obligations attach to nonprofit-to-for-profit conversions, and how courts treat informal founder agreements in rapidly scaling technology companies.
  • Synthetic performer consent and federal preemption collision. New York and California have enacted consent mandates; a White House EO seeks federal preemption of conflicting state AI laws; the NO FAKES Act is pending — the interaction among these regimes is unresolved, leaving brands and agencies operating under simultaneous and potentially inconsistent obligations.
  • Agentic AI malpractice exposure and tiered oversight standards. As firms deploy autonomous systems capable of filing documents and sending communications, no settled professional responsibility standard defines what "human-at-the-helm" governance requires — creating a gap between emerging best-practice frameworks and enforceable ethical rules.
  • Enterprise AI contract renegotiation triggers. The tension between integrated-platform vendors like Palantir and commodity LLM alternatives raises live questions about whether performance, pricing, or governance changes in the AI market constitute material changes justifying contract renegotiation or termination for convenience.
  • Employment liability differentiation between mass-termination and reskilling strategies. Courts have not yet addressed whether an employer's failure to implement structured AI reskilling before resorting to mass layoffs affects WARN Act, wrongful termination, or disparate-impact exposure — but the factual record is accumulating.

What to watch.

  • Whether the Colorado district court makes the SB24-205 enforcement stay permanent, and whether Colorado's successor legislation satisfies DOJ's Equal Protection theory — the outcome will define the federal-state AI regulation boundary for other jurisdictions.
  • The Musk v. OpenAI verdict on breach of contract and fiduciary duty claims — particularly how the court treats Brockman's diary testimony and what standard it applies to founder-era commitments.
  • Whether the Florida AG converts its OpenAI investigation into a formal complaint, and whether other state AGs adopt the national-security framing as an enforcement vehicle.
  • June 19, 2026 compliance deadline for New York's synthetic performer laws — watch for early enforcement actions and whether the DOJ moves to preempt under the December 2025 EO.
  • EU AI Act labeling requirements taking effect August 2026 — brands with cross-border advertising exposure face simultaneous New York, California, and EU obligations with no harmonized compliance framework.
  • Whether enterprise AI adoption resistance — documented in the Writer and KPMG surveys — produces the first wave of employment litigation testing the reskilling-vs.-termination liability distinction.

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